Owner: Governance & Policy Committee
Originally Board Approved: 2017
Last Revised: January 23, 2019
Last Reviewed: January 23, 2019
The purpose of this appeals policy is to enable disputes with members and participants to be dealt with fairly, expeditiously and affordably, within MODS, without recourse to external legal procedures.
These terms will have these meanings in this policy:
2.2 SCOPE OF APPEAL
2.2.1 Any Member of MODS who is affected by a decision of the Board of Directors, of any Committee of the Board of Directors, or of anybody or individual who has been delegated authority to make decisions on behalf of the Board of Directors, will have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in section 2.4 of this policy. Examples of decisions that may be appealed include but are not limited to those relating to eligibility, carding, harassment, team selection, discipline and entitlements and obligations under an athlete agreement or team agreement.
2.2.2 This policy will not apply to decisions relating to:
2.3 TIMING OF APPEAL
2.3.1 Members who wish to appeal a decision will have 21 days from the date on which they received notice of the decision, to submit in writing notice of their intention to appeal, including a summary of the evidence that supports their grounds, to the President of MODS (hereafter referred to as “the Official”).
2.3.2 Any party wishing to initiate an appeal beyond the 21-day period must provide a written request stating reasons for an exemption to the requirement of section 2.3.1. The decision to allow, or not allow an appeal outside the 21-day period will be at the sole discretion of the Official and may not be appealed.
2.4 GROUNDS FOR APPEAL
Not every decision may be appealed. Decisions may only be appealed, and appeals may only be heard, on procedural grounds. Procedural grounds are strictly limited to the Respondent:
2.5 SCREENING OF APPEAL
2.5.1 Within 5 days of receiving the notice and grounds of an appeal, the Official will determine whether there are appropriate grounds for the appeal to proceed as set out in section 2.4. In the absence of the Official, a designate will perform this function.
2.5.2 If the appeal is denied on the basis of insufficient grounds, the Appellant will be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the Official, or designate, and may not be appealed.
2.6 APPEALS PANEL
If the Official, or designate, is satisfied that there are sufficient grounds for an appeal, within 14 days of having received the original notice of appeal the Official will establish an Appeals Panel (hereafter referred to as “the Panel") as follows:
2.7 PRELIMINARY CONFERENCE
2.7.1 The Panel may determine that the circumstances of the appeal warrant a preliminary conference. The matters that may be considered at a preliminary conference include:
2.7.2 The Panel may delegate to its Chairperson the authority to deal with these preliminary matters on behalf of the Panel.
2.8 PROCEDURE FOR THE HEARING
2.8.1 Where the Panel has determined that the appeal will be held by way of oral hearing, the Panel will govern the hearing by such procedures as it deems appropriate, provided that:
2.8.2 In order to keep costs to a reasonable level the Panel may conduct the appeal by means of a telephone conference.
2.9 PROCEDURE FOR DOCUMENTARY APPEAL
Where the Panel has determined that the appeal will be held by way of documentary submissions, it will govern the appeal by such procedures as it deems appropriate provided that:
2.10 APPEAL DECISION
2.10.1 Within 14 days of concluding the appeal, the Panel will issue its written decision, with reasons. In making its decision, the Panel will have no greater authority than that of the original decision-maker.
The Panel may decide:
2.10.2 A copy of this decision will be provided to each of the parties and to the Official.
2.10.3 In extraordinary circumstances, the Panel may issue a verbal decision or a summary written decision, with reasons to follow, provided the written decision with reasons is rendered within the timelines specified in section 2.8.
If the circumstances of the dispute are such that this policy will not allow a timely appeal, or if the circumstances of the disputes are such the appeal cannot be concluded within the timelines dictated in this policy, the Panel may direct that these timelines be revised.
The appeal will take place in the location designated by the Official, unless the Panel decides the appeal is to be held by way of telephone conference, or unless, at the specific request of a party, a different location is mandated by the Panel as a preliminary matter.
2.13 FINAL AND BINDING DECISION
The decision of the Panel will be final and binding on the parties and on all members of MODS, subject only to the provisions of MODS’ policies relating to Alternative Dispute Resolution.